Delhi HC allows release of 'Udaipur Files' movie
New Delhi, Aug 7 (PTI): The Delhi High Court on Thursday refused to stay the release of movie 'Udaipur Files', based on tailor Kanhaiya Lal murder case, scheduled to hit the screens tomorrow.
A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela passed the order while dismissing a plea seeking movie's stay, saying the petitioner failed to establish a prima facie case in his favour.
"Producer has already spent life earnings in the film and if the movie is not released the balance of convenience will be disturbed. Once a film has been certified by the Board and trial is not likely to be effected by exhibition, we find ourselves unable to agree to prayer for staying release of movie," the bench said.
On Wedneday, the Ministry of Information and Broadcasting (MIB) dismissed all revision petitions challenging the certification of the controversial film 'Udaipur Files: Kanhaiya Lal Tailor Murder', thereby clearing the path for its public release.
While allowing the release of the movie, the court on Thursday said that exhibition of the film will not cause any harm.
"Trial will be conducted by the judge uninfluenced as a trained judge. He has failed to establish how irreparable loss will be caused to him if release is not stayed. Prayer for staying release is hereby rejected," the bench said.
The bench was hearing arguments on a plea against the Ministry of Information and Broadcasting (MIB) order clearing certification of the movie.
During the hearing, the counsel for the petitioner Mohd. Javed, an accused in the murder case, told the court that if the film was allowed to be released, it would "prejudice the trial".
"Right to fair trial is supreme. Witnesses are to be examined. Film is only going to prejudice the trial. Dialogues are lifted from charge sheet. Title itself says Kanhaiya Lal murder. It will affect the trial," senior advocate Menaka Guruswamy, appearing for the accused, told the court.
The petition was opposed by the counsel representing the government, who said that authorities have applied its mind while clearing the movie for release.
"This is as fair as it can go. As transparent as it can be," the counsel said.
The counsel representing the movie produced, meanwhile, told the court that the tickets were already booked by viewers.
"Movie is to be released tomorrow. Producer has invested his lifetime saving in making this movie, which is his right as freedom of speech. Accused's name, his specific role not mentioned anywhere in film," Senior Advocate Gaurav Bhatia, appearing for the film producer, said.
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Nightclub fire: Goa court remands Luthra brothers in police custody for five days
Panaji (PTI): A court in North Goa on Wednesday remanded Gaurav and Saurabh Luthra, co-owners of the ‘Birch by Romeo Lane’ nightclub, in police custody for five days.
The brothers, brought to Goa from Delhi after being deported from Thailand in connection with the December 6 blaze that killed 25, were produced in the court after undergoing health check-ups twice at the District Hospital in North Goa.
Judicial Magistrate First Class Mapusa Puja Sardesai remanded the two brothers in police custody for five days.
Advocate Vishnu Joshi, representing Bhavana Joshi who lost four family members in the tragedy, said that the accused were asking for “special consideration” claiming poor health.
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“We said they should not be given any extra relaxation,” he said, adding that the court has taken cognisance of the fact that this is about the death of “25 people in the form of mass genocide”.
“But since they kept pressing for medical check-up, the court ordered reexamination of their health. It is clear in the medical examination that they don’t require any consideration. The accused sought special considerations in the lock-up like a good mattress, which the court refused,” said Joshi.
A team of the Goa Police, along with the Luthra brothers, arrived at the Manohar International Airport, Mopa, in North Goa at 10.45 am.
The duo was initially taken to a Primary Health Centre at Siolim for medical examination. They were then taken to the District Hospital at Mapusa.
After their health assessment, the two were brought to the court.
The court directed that the accused be sent for fresh medical examination. Accordingly, the two were again taken to the District Hospital.
Later, they were produced before Judge Sardesai, who ordered the five-day police custody of the accused.
After the fire tragedy at Arpora village, the Anjuna police had registered a case against the Luthra brothers on various charges, including culpable homicide not amounting to murder.
The brothers were arrested in Delhi on Tuesday after being deported from Thailand. A court there allowed the Goa Police their two-day transit remand.
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The duo had fled to Phuket in Thailand early on December 7, hours after the fire at their nightclub, prompting the authorities to issue an Interpol Blue Corner Notice and cancel their passports.
They were detained by Thai authorities at Phuket on December 11 following a request from the Indian government, which later coordinated with officials in Thailand to deport them under legal treaties between the two nations.
Five managers and staff members have already been arrested by the Goa Police in connection with the fire.
